I'm now being sued by the purchaser

Miss_Samantha

From what we've been told, the buyer only discovered that the boiler wasn't working after exchange. Hence the claim that they knew what they were buying is not completely accurate, in my view.

bod1467

Miss_Samantha wrote: »

From what we've been told, the buyer only discovered that the boiler wasn't working after exchange. Hence the claim that they knew what they were buying is not completely accurate, in my view.

Correct. OP says that contracts were exchanged and a completion date agreed, THEN the buyers were given key access to the property. So at the time of exchange neither party knew for sure whether or not the heating system worked, but OP signed a form stating that it did. (Absolute details of what was on the form would be important).

Whether that makes any difference to the buyer's claim, I have my doubts.

hazyjo

Miss_Samantha wrote: »

From what we've been told, the buyer only discovered that the boiler wasn't working after exchange. Hence the claim that they knew what they were buying is not completely accurate, in my view.

So what if the vendor had discovered it wasn't working? Surely it's the equivalent of them saying, look, the boiler was working when we signed the form, but it's not now, do you want us to get someone to fix it. The buyer said no. End of.


Things break all the time. The world is an imperfect place. You can't sue someone for something breaking inbetween exchange and completion if they offered to fix it. The sellers knew what they were selling, the buyers knew what they were buying. Then it broke. S*** happens. The seller offered to fix, the buyer declined - I really don't see any more to the story. How they can try to create another chapter, I don't get it...


Jx

paddy's_mum

The OP perhaps needs to know that if formal proceedings are launched, he is expected to have made reasonable efforts to resolve the dispute in a genuine and fair way. My own feelings is that the offer to send in a plumber will be seen as fair and reasonable.

Equally (and this is important) the purchaser must also show that he has made reasonable and fair efforts to resolve the matter.

I suspect that sending in a somewhat intimidating and not-quite-the-truth letter with massively over-inflated financial demands will be viewed as exactly the opposite of reasonable, genuine and fair.

Keep_pedalling

Miss_Samantha wrote: »

From what we've been told, the buyer only discovered that the boiler wasn't working after exchange. Hence the claim that they knew what they were buying is not completely accurate, in my view.

But they still completed with the knowledge that the boiler was not working and refused the offer to get it fixed. How this would pan out in the SCC court though is a bit of a lottery, but they do expect people to attemp to reach an agreement before going to court.

The alternative to ignoring the letter is to offer a compromise solution, which is what I would be tempted to do. A contribution to the new boiler cost dependant on the age of the old one, and something towards the electricity would be as far as I would be prepaired to go though.

bod1467

Keep_pedalling wrote: »

But they still completed with the knowledge that the boiler was not working and refused the offer to get it fixed. How this would pan out in the SCC court though is a bit of a lottery, but they do expect people to attemp to reach an agreement before going to court.

The alternative to ignoring the letter is to offer a compromise solution, which is what I would be tempted to do. A contribution to the new boiler cost dependant on the age of the old one, and something towards the electricity would be as far as I would be prepaired to go though.

This is absolutely NOT what should be done. It would be seen as an admission of guilt and would give credence to the claim.

paddy's_mum

Keep_pedalling wrote: »

A contribution to the new boiler cost dependant on the age of the old one, and something towards the electricity would be as far as I would be prepaired to go though.

I agree but not yet!!!

The time to be making offers is WHEN and IF the purchaser actually starts formal proceedings. ONLY when paperwork sent by the Courts drops through his letterbox should he say anything. To make that offer now is to kind of admit liability.

However, in response to a formal Court claim, he can offer pretty much what you suggest. It might come to, say, £300 but if the purchaser refuses, he sabotages his own case on the 'fair and reasonable' grounds previously mentioned.

McKneff

paddedjohn wrote: »

£4500 for a boiler? What planet is this house on.
OP as others have already said just ignore them, they are trying it on.

My hot air boiler cost me £5k just 3 days before Christmas last year......

DRP

G_M wrote: »

Well one can never 100% predict what a court might construe, but

No. I'd construe it as part of the final sale negotiations. Negotiations start with a buyer offering a price which the seller accepts.

Very commonly, eg following a survey or as a result of searches, or even market changes (think Brexit!), the price or some other aspect of the sale contract is renegotiated/changed.

That's what happened here - there was a renegotiation. Seller made an offer (a repair) and the buyer declined in this case.

The contract was later Exchanged on that basis.

Exchange had already occurred when the boiler repair offer was made.

Not sure how much difference it makes but it could be an admission of some sort, that the boiler was broken at exchange.

I'd want to be very clear about what is written down in the contract, what is written down in the 'letter before action' (if thats what it is).

At this point i'd still advise doing nothing, mind you.

thesaint

bod1467 wrote: »

Correct. OP says that contracts were exchanged and a completion date agreed, THEN the buyers were given key access to the property. So at the time of exchange neither party knew for sure whether or not the heating system worked, but OP signed a form stating that it did. (Absolute details of what was on the form would be important).

Whether that makes any difference to the buyer's claim, I have my doubts.

It's funny how I repeatedly make a point and I gain no traction, and then all of a sudden it's not so clear cut after all.